BEST
OF YAHOO! SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Best of Yahoo! Sweepstakes (the
“Sweepstakes”) is open only to legal residents of the
fifty (50) United States and the District of Columbia who are at
least eighteen (18) years old at the time of entry. Employees of
Yahoo! Inc., Mazda Motor of America, Inc., ePrize, LLC, and their
parent and affiliate companies, agencies, as well as Mazda dealers,
and the immediate family (spouse, parents, siblings and children)
and household members of each such employee are not eligible. Subject
to all applicable federal, state, and local laws and regulations.
Void where prohibited. Participation constitutes entrant’s
full and unconditional agreement to these Official Rules and Sponsor
and Administrator’s decisions, which are final and binding
in all matters related to the Sweepstakes. Winning a prize is contingent
upon fulfilling all requirements set forth herein.
2. Sponsor: Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089.
Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI
48069 U.S.A.
3. Timing: The Sweepstakes begins on August 23, 2005 at 12:00 a.m.
Eastern Time ("ET") and ends on October 4, 2005 at 11:59
p.m. ET (the "Promotion Period"). Sponsor’s computer
is the official time keeping device for the Promotion.
4. How to Enter: During the Promotion Period, visit http://advision.webevents.yahoo.com/bestof
and select your city, and the category you would like to review.
Then, follow the links and instructions to complete the registration
including adding your Yahoo! ID. If you are not an existing Yahoo!
ID holder, follow the instructions to register for your free Yahoo!
ID. After registration, submit a review on one of the available
categories. For each review you make, you automatically will receive
one (1) entry into the Sweepstakes. There will be fifty four (54)
available categories within each geographical region in which you
may submit a review. You may submit a review on any available category
in any geographical region. However, you can only receive entries
into the Sweepstakes for the first one hundred twenty (120) reviews
that you make. Limit: One hundred twenty (120) Sweepstakes entries
per person, per email address, during the Promotion Period. Any
attempt by any participant to obtain more than the stated number
of entries by using multiple/different email addresses, identities,
registrations and logins, or any other methods will void that participant’s
entries and that participant may be disqualified. Use of any automated
system to participate is prohibited and will result in disqualification.
In the event of a dispute as to any registration, the authorized
account holder of the email address used to register will be deemed
to be the registrant or player. The “authorized account holder”
is the natural person assigned an email address by an Internet access
provider, online service provider or other organization responsible
for assigning email addresses for the domain associated with the
submitted address. The potential winner may be required to show
proof of being the authorized account holder.
5. Grand Prize Drawing: Administrator, an independent judging organization,
whose decisions as to the administration and operation of the Sweepstakes
and the selection of the potential winners are final and binding
in all matters related to the Sweepstakes, will randomly select
the potential Sweepstakes winners from all eligible entries received
during the Promotion Period, on or around October 11, 2005. The
potential winners will be notified by mail, email or phone. Each
potential Grand Prize and First Prize winner (parent/legal guardian
if winner is a minor in his/her state of residence) will be required
to sign and return to Sponsor, within ten (10) days of the date
notice or attempted notice is sent, an affidavit of eligibility,
and liability/publicity release in order to claim his/her prize.
If a potential winner cannot be contacted, or fails to sign and
return the affidavit of eligibility and liability/publicity release
within the required time period, potential winner forfeits prize.
Potential winners must continue to comply with all terms and conditions
of these Official Rules, and winning is contingent upon fulfilling
all requirements. In the event that a potential winner is disqualified
for any reason, Sponsor will award the applicable prize to an alternate
winner by random drawing from among all remaining eligible entries.
Only three (3) alternate drawings will be held after which the prize
will remain unawarded. Prizes will be fulfilled 8-10 weeks after
the end of the promotion subject to manufacturer/distributor/dealer
manufacturing, production and delivery schedules.
6. Prizes: THREE (3) GRAND PRIZES: Winner’s choice of either,
an all-new 2006 MAZDA5 or an all-new 2006 MX-5 Mazda Miata. Sponsor
will determine all features of automobile including but not limited
to color of exterior and interior, and all other features or upgrades
will be allowed only if permitted by delivery dealer and paid for
by winner. Winners must be licensed drivers and will be required
to provide proof of insurance at time of delivery. Winners are responsible
for title, license, registration, dealer preparation costs, auto
insurance and other fees associated with prize. Winners must take
delivery of prize from the automobile dealership designated by Sponsor.
Approximate Retail Value ("ARV"): $24,595. Odds of a winning
Grand Prize depends on the number of eligible entries received during
the Promotion Period. THREE (3) FIRST PRIZES: Winner’s choice
of a trip to Honolulu, Hawaii; Los Angeles, California; or New York
City, New York. Honolulu trip package includes: a trip for two (2)
to Honolulu, HI; roundtrip coach-class airfare for two (2) from
a major airport near winner’s home (determined by Sponsor
in its sole discretion) to Honolulu, HI; five (5) days and four
(4) nights accommodations at a hotel determined by Sponsor in its
sole discretion (single room, double occupancy); roundtrip ground
transportation to/from airport and hotel; and $500 allowance for
incidentals. Los Angeles trip package includes: a trip for two (2)
to Los Angeles, CA; roundtrip coach-class airfare for two (2) from
a major airport near winner’s home (determined by Sponsor
in its sole discretion) to Los Angeles, CA; three (3) days and two
(2) nights accommodations at a hotel determined by Sponsor in its
sole discretion (single room, double occupancy); roundtrip ground
transportation to/from airport and hotel; two (2) one hour spa treatments
at The Peninsula Spa (one per person); two (2) VIP Tour/Tickets
to Universal Studios; and $500 allowance for incidentals. New York
trip package includes: a trip for two (2) to New York, NY; roundtrip
coach-class airfare for two (2) from a major airport near winner’s
home (determined by Sponsor in its sole discretion) to New York,
NY; three (3) days and two (2) nights accommodations at a hotel
determined by Sponsor in its sole discretion (single room, double
occupancy); roundtrip ground transportation to/from airport and
hotel; two (2) tickets to a Broadway Play/Musical (Play/Musical
determined by Sponsor in its sole discretion); two (2) one hour
spa treatments at The Peninsula Spa (one per person); and $500 allowance
for incidentals. Winner must complete the trip within one (1) year
from the drawing date or prize will be forfeited. Trip must be booked
at least twenty-one (21) days prior to departure. Trip subject to
availability and blackout dates. Travel must be roundtrip. Sponsor
will determine airline and flight itinerary in its sole discretion.
No refund or compensation will be made in the event of the cancellation
or delay of any flight. Travel and accommodations are subject to
availability. Travel is subject to the terms and conditions set
forth in this Sweepstakes, and those set forth by the Sponsor’s
airline carrier of choice as detailed in the passenger ticket contract.
All expenses and incidental travel costs not expressly stated in
the package description above, including but not limited to, ground
transportation, meals, incidentals, passenger tariffs or duties,
surcharges, airport fees, service charges or facility charges, personal
charges at lodging, security fees, taxes or other expenses are the
responsibility solely of winner. Unless child of winner, travel
companion must be eighteen (18) years of age or older as of the
date of departure and must travel on same itinerary and at the same
time as the winner. If winner is a minor in his/her state of residence,
travel companion must be winner’s parent/legal guardian. Travel
companion must execute liability/publicity releases prior to issuance
of travel documents. Travel restrictions, conditions and limitations
may apply. If in the judgment of Sponsor air travel is not required
due to winner’s proximity to prize location, ground transportation
will be substituted for roundtrip air travel at Sponsors’
sole discretion. Sponsor will not replace any lost, mutilated, or
stolen tickets, travel vouchers or certificates. Sponsor not responsible
if spa treatment, Play/Musical, VIP Universal Studio Tour, or any
other aspect of selected trip package is delayed, postponed or cancelled
for any reason, in which event that portion of prize is forfeited
in its entirety and no substitution will be provided except as in
Sponsor’s sole discretion. ARV: $5,250. Actual value may vary
based on airfare fluctuations and distance between departure and
destination. FIFTY (50) SECOND PRIZES: 5GB Dell Pocket DJ. ARV:
$199. FOR ALL PRIZES: The ARV of electronic prizes are subject to
price fluctuations in the consumer marketplace based on, among other
things, any gap in time between the date the ARV is estimated for
purposes of these Official Rules and the date the prize is awarded
or redeemed. Prizes are non-transferable and no substitution will
be made except as provided herein at the Sponsor’s sole discretion.
Sponsor reserves the right to substitute the prize for one of equal
or greater value if the designated prize should become unavailable
for any reason. Winner is responsible for all taxes and fees associated
with prize receipt and/or use. Odds of winning the Sweepstakes prize
depends on the number of eligible entries received during the Promotion
Period. Total ARV of all prizes is: $99,485.
7. Release: By receipt of any prize, winner agrees to release and
hold harmless Sponsor, Mazda Motor of America, Inc., Administrator,
and their respective subsidiaries, affiliates, suppliers, distributors,
dealers, advertising/promotion agencies, and prize suppliers, and
each of their respective parent companies and each such company’s
officers, directors, employees and agents (collectively, the “Released
Parties”) from and against any claim or cause of action, including,
but not limited to, personal injury, death, or damage to or loss
of property, arising out of participation in the Sweepstakes or
receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes
constitutes winner’s consent to Sponsor’s and its agents’
use of winner’s name, likeness, photograph, voice, opinions
and/or hometown and state for promotional purposes in any media,
worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend
and/or modify the Sweepstakes, or any part of it, if any fraud,
technical failures or any other factor beyond Sponsor’s reasonable
control impairs the integrity or proper functioning of the Sweepstakes,
as determined by Sponsor in its sole discretion. Sponsor reserves
the right in its sole discretion to disqualify any individual it
finds to be tampering with the entry process or the operation of
the Sweepstakes or to be acting in violation of these Official Rules
or any other Promotion or in an unsportsmanlike or disruptive manner.
Any attempt by any person to deliberately undermine the legitimate
operation of the Sweepstakes may be a violation of criminal and
civil law, and, should such an attempt be made, Sponsor reserves
the right to seek damages from any such person to the fullest extent
permitted by law. Sponsor’s failure to enforce any term of
these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties are not responsible
for: (1) any incorrect or inaccurate information, whether caused
by entrants, printing errors or by any of the equipment or programming
associated with or utilized in the Sweepstakes; (2) technical failures
of any kind, including, but not limited to malfunctions, interruptions,
or disconnections in phone lines or network hardware or software;
(3) unauthorized human intervention in any part of the entry process
or the Sweepstakes; (4) technical or human error which may occur
in the administration of the Sweepstakes or the processing of entries;
or (5) any injury or damage to persons or property which may be
caused, directly or indirectly, in whole or in part, from entrant’s
participation in the Sweepstakes or receipt or use or misuse of
any prize. If for any reason an entrant's entry is confirmed to
have been erroneously deleted, lost, or otherwise destroyed or corrupted,
entrant’s sole remedy is another entry in the Sweepstakes,
unless it is not possible to award another entry due to discontinuance
of the Sweepstakes, or any part of it, for any reason. Sponsor,
at its discretion, may elect to hold a random drawing from among
all eligible entries received up to the date of discontinuance for
any or all of the prizes offered herein. No more than the stated
number of prizes will be awarded. In event that production, technical,
seeding, programming or any other reasons cause more than stated
number of prizes as set forth in these Official Rules to be available
and/or claimed Sponsor reserves the right to award only the stated
number of prizes by a random drawing among all legitimate, unawarded,
eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1)
any and all disputes, claims and causes of action arising out of
or connected with this Sweepstakes or any prize awarded shall be
resolved individually, without resort to any form of class action,
and exclusively by the United States District Court for the Eastern
District of Michigan (Southern Division) or the appropriate Michigan
State Court located in Oakland County, Michigan U.S.A.; (2) any
and all claims, judgments and awards shall be limited to actual
out-of-pocket costs incurred, including costs associated with entering
this Sweepstakes, but in no event attorneys’ fees; and (3)
under no circumstances will entrant be permitted to obtain awards
for, and entrant hereby waives all rights to claim, indirect, punitive,
incidental and consequential damages and any other damages, other
than for actual out-of-pocket expenses, and any and all rights to
have damages multiplied or otherwise increased. All issues and questions
concerning the construction, validity, interpretation and enforceability
of these Official Rules, or the rights and obligations of the entrant
and Sponsor in connection with the Sweepstakes, shall be governed
by, and construed in accordance with, the laws of the State of Michigan,
U.S.A. without giving effect to any choice of law or conflict of
law rules (whether of the State of Michigan or any other jurisdiction),
which would cause the application of the laws of any jurisdiction
other than the State of Michigan.
12. Entrant's Personal Information: By entering the Sweepstakes,
you agree to Yahoo!'s use of your personal information, as described
in the Yahoo! Privacy Policy, located at http://privacy.yahoo.com/privacy/us/promo/index.html.
The personal information collected from you will be shared with
ePrize for the purposes of administering the Sweepstakes. For more
information about how ePrize uses your personal information, please
see the ePrize privacy policy, located at http://www.eprize.com/privacy_policy.html.
If you have checked the appropriate box on the entry form, the personal
information collected from you will be shared with Mazda Motor of
America, Inc. For more information about how they use your personal
information, please see the Mazda privacy policy, located at http://www.mazdausa.com/MusaWeb/displayPage.action?
pageParameter=legalPrivacyMazda.
13. Sweepstakes Results: For Sweepstakes results and/or a copy of
these Official Rules, send a hand-printed, self-addressed, stamped
envelope to “Best of Yahoo! Sweepstakes Winners/Rules”,
c/o ePrize, LLC, P.O. Box 8070, Royal Oak, MI 48068-8070, U.S.A.
Winner’s lists requests must be received by January 11, 2006.
VT residents may exclude return postage.
© 2005 ePrize, LLC. All rights reserved.